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SB 342

Condemnation of conservation or open-space easement; compensation.

2026 Regular Session Introduced by Russet Perry

SB 342 mandates Virginia government entities compensate property owners for the reduced value of easement-restricted land when condemned through eminent domain.

Governor's recommendation received by Senate
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WeVote Research Nonpartisan
Bill Summary · SB 342

Legislative bill overview

SB 342 establishes compensation requirements when Virginia government entities condemn property subject to conservation or open-space easements. The bill addresses how property owners should be compensated when land with existing easement restrictions is taken through eminent domain, requiring consideration of the easement's value reduction.

Why is this important

Property owners with conservation easements often receive tax benefits in exchange for restricting development. When government condemns such land, owners face potential undercompensation if the easement's impact on property value isn't properly calculated. This bill clarifies compensation methodology, affecting both individual landowners and public agencies undertaking projects on easement-restricted land.

Potential points of contention

  • Compensation calculation disputes: Determining the precise financial impact of easements on condemned property value may require costly appraisals and litigation, potentially increasing project costs for municipalities
  • Easement holder rights: Unclear whether conservation organizations holding easements receive separate compensation or have standing in condemnation proceedings
  • Project feasibility: Increased compensation requirements could make some public infrastructure or land acquisition projects financially prohibitive, particularly in rural areas with widespread easements

Compiled from official sources — confirm details with the bill’s official record.

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